I purchased automobile insurance and homeowners insurance from Nationwide Insurance, whose employee and agent is Don Hughes, and whose office is at 110 North IH-35, Suite 325 in Round Rock, Texas 78681, and whose telephone number is 512-244-7727.  Nationwide Insurance will not provide me with any other name or address for service on this lawsuit.

I was involved in an accident on February 5, 1999 where I was rear ended while stopped at a yield sign waiting for traffic to clear.  I was pushed out into traffic with my brakes on, the other car that struck me from behind continued off the road and skidded down a hill.  I was conveyed to the hospital by ambulance and provided initial treatment, which was terminated when my Nationwide Insurance refused coverage.  The police determined the accident to not be my fault in any part, and the other driver to be uninsured.  The other automobile's owner's insurance agency's representatives's company agent claims paying my property damages in a subrogation claim filed by my Nationwide Insurance carrier against them, and refuses to pay further beyond a check to me in the amount of $1,000.00 to cover my deductible for my Nationwide Insurance policy.  My Nationwide Insurance carrier has paid nothing to me.  One of several conversations, with my agent Don Hughes, I have available on audio tape, wherein I believe that he states that Nationwide Insurance company can afford more attorneys than I can, and indicates that it is insurance company policy to refuse to pay claims.  I should note that two claims on homeowners insurance, for ice storm damage where a large tree branch broke the roof of my home, and for wall and slab damage to my home from blasting across the street, have never been paid, being delayed by Nationwide Insurance beyond the two year statute of limitation to file a law suit.  This automobile property damage and medical costs claim have never been paid by Nationwide Insurance, and reaches the two year limit on Monday following this filing.

The facts of the case that I will present by evidence submission:

Do I have valid insurance to cover the accident?

Item one is the Texas Personal Auto Policy Declarations page showing specific coverages and limits in effect on the automobile accident claim which is the basis of this suit.  Nationwide may deny that I have a valid policy covering this accident.

Item two is the receipt of payment of $298.00 for this automobile insurance coverage.  Nationwide may deny that they have received payment for the insurance policy covering this accident.

Was there an automobile accident?

The cause made the basis of this suit occurred on February 5, 1999.  Item three is the Motor Vehicle Accident Driver Information Exchange form received from the Georgetown Police Department.

Item four is the police accident report showing I am not at fault even partially.

Item five is the photograph of the accident site.
Item six is the photograph of the front of the car that struck me.

Nationwide may deny that there was an accident.

What were the damages to my vehicle?

I had the vehicle towed to repair shop #1 at the time of the accident, where it remained until the Nationwide Insurance investigators "could get to it", which took three weeks.  It was abandoned there by the Nationwide Insurance company.

Item 7 is an estimate, before initial repairs were conducted, in the amount of $ 4,353.13 and includes my hand written note reminding me to testify that the estimator said to me two things: The actual cost of repairs may be double the number stated here-in because they expect to find further "hidden" damages, "once they get into it"; Also, that the automobile can not be repaired to what it was before the collision.

Nationwide may claim that the true damages are $1,800.00 and that there is a $1,000.00 deductible, so that they only owe $800.00 which they should admit that they have not paid.

I put initial repairs of the deductible plus $102.35 into the vehicle to make it drivable, and drove the vehicle, after initial repairs were conducted, to repair shop #2 where another non-binding estimate for repairs of damages to the automobile was made.  Item 8 is that estimate in the amount of $ 3,413.75 which was prepared.  This should prove that the original estimate of $4,353.13 was correct, and any estimate of $1,800.00 is not true nor reasonable.  I was instructed, again, at this second estimate, that the actual cost of repairs may be higher than the number stated here-in because they expect to find further "hidden" damages, "once they get into it"; Also that the automobile can not be repaired to what it was before the collision.

Item nine is a technical brochure explaining the crushable body design features, and showing that there are no solid frame components in this automobile design.  The advantage of a crushable design is that it absorbs the energy in a crash, thereby reducing injury to the occupant.  The disadvantage is major damage in even a minor collision.  You can't just pound out the bumper and paint the area.

What about the other party?

The insurance company of the owner of the automobile causing the damage (not the driver of that automobile, who was uninsured), is known to me only as CalEagle of Calabasas California at Post Office Box 9825, 91372-0825.  Attempts to locate this company by the Calabasas Police Department have failed.  The telephone company has no record of this company.  The Texas Insurance Commission has told me that they are not licensed in Texas, whatever that means.  Nationwide Insurance will not identify the party to me.

I hired an attorney, who found the agent of the insurance company of the owner of the automobile that struck me.  My attorney produced a check in the amount of $1,000.00 to cover the deductible on my Nationwide Insurance policy for my property damages to my automobile.  That is why I include a $1,000.00 subtraction from the total damages to get to the amount asked in this suit.

Item ten is a letter from that owner's agent of insurance company claiming that I have been paid that $1,000.00 and that my insurance company, Nationwide Insurance, has collected against them on a subrogation action, and the amount, and that this would conclude the property damage settlement matter concerning my automobile.  This is an important item of proof that Nationwide Insurance has interceded and negotiated and received payment of damages on a subrogation claim for my automobile property damage, and just kept the money.  It is important to note that I have NOT received ANY payment from Nationwide Insurance and that my automobile has NOT been completely repaired.

My attorney's fees already paid by me?

Item eleven is the itemization of attorneys fees paid to an attorney, in his handwriting, for efforts on my behalf to secure the check from the automobile owner's insurance company's agent in the amount of $1 ,000.00 to cover my deductible from my coverage with Nationwide, which I have received, and for his attempt to secure any payment from Nationwide Insurance, which was never received to this date, and for his effort to produce legal research of court cases that might be useful to this judge to support my contention that Nationwide should pay this claim under my policy coverage.

Medical bills (ambulance, emergency room, physician) on the day?

Nationwide has paid nothing, the agent of the insurance company of the owner of the car that struck me has paid nothing, my former employer's medical insurance carrier has paid a partial settlement and has subrogated against Nationwide.  That insurance company, Humana, has filed a lien on any judgment as concerns any settlement of this portion of the lawsuit, and is after Nationwide to pay that amount of $402.94.  The providers are after me for the remainder of $357.21.  This covers only the first day medical costs.

I have been billed for services performed the first day as a result of this accident, which have been partially paid by my former employer's medical policy.

Item twelve is the initial ambulance and emergency room and first attending physicians charges.
 Bill #1     $203.00
 Bill #2     $ 74.00
 Bill #3     $ 48.00
 Bill #4     $435.15

 lien        $402.94 subrogated against Nationwide and me
 chargebacks $357.21 I must pay to providers